Trade Secret Litigation

“Have we been the victim of intellectual property theft?” It is a question business leaders and general counsel often ask themselves, but not one that can be easily answered. IP theft, by its very nature, is difficult to detect – but, if left undetected, companies can lose millions. As IP theft becomes more common – and more costly – clients are seeking tools to combat it.

At Robins Kaplan LLP, our record of successes representing plaintiffs and defendants in complex, high-exposure trade secret cases includes claims related to licensing, non-compete agreements, non-disclosure and confidentiality agreements, employee defections, and industrial espionage. We have litigated claims in state and federal courts across the country, as well as in domestic and international alternative dispute forums.

We understand the often-nuanced differences between each state’s existing trade secret laws and the case strategies those differences require. No matter the locale or venue, our attorneys know what it takes to protect clients’ proprietary information and processes through all stages of litigation, including rapid-response or accelerated timeline efforts like temporary restraining orders and preliminary injunctions.

We also help clients of all sizes build comprehensive protection plans to preempt and defend against allegations of trade secret misappropriation. Our intellectual property and technology litigation attorneys have partnered with our in-house Ph.D. science advisors to develop a proprietary analytic service which can help clients identify cases of possible trade secret theft committed by former employees, contractors, vendors, or other corporate insiders. We recognize the heightened importance of protecting the secrecy of innovation and the critical role effective trade secret representation plays in our clients’ continued success.

Experience

Our trade secret lawyers have experience implementing protection strategies and asserting and defending claims of confidential information, misappropriation, and misuse in a variety of venues and under multiple applicable laws. We also:

Survey and identify trade secret holdings and design programs to maintain requisite secrecy, including necessary physical-security measures;
Counsel clients on industry-specific strategies for avoiding trade secret claims;
Work with inventors, start-ups, and other innovators to minimize risks related to trade secrets claims; and
Develop and negotiate confidentiality agreements with employees, partners, suppliers, and customers for identifying and protecting clients’ confidential information.